the legislature will be less likely to put money into schools from the general fund? the governor says that's not likely. >> make no mistake about it, billions more will come into schools if prop 30 passes than if it doesn't. >> reporter: in the meantime, the governor has just won a major victory in court for prop 30. an arizona group called the americans for responsible leadership gave $11 million in part to fight against prop 30. but the group did not reveal its donor list. well, now a judge has ruled in favor of the fair political practices commission, ordering that arizona group to reveal who is behind its political maneuvering. in your opinion, what are the chances that we voters will see this list by election day? >> i think there is a high probability. time is of the essence. the court ordered that this needs to come to finality by tonight at clock is a clear indication that the court is aware this is a time sensitive

issue and it should end at 5:00. >> reporter: the court ordered the arizona group to hand over the information an hour ago but that did not happen. i just spoke with the state spokeswoman from the fair political practices commission. and she says late this afternoon, with just minutes left, the arizona group filed an appeal to the state. it will be fighting that appeal, as well. they believe that we could know who is behind that $11 million as soon as this weekend. so allen we'll be watching. but it continues. >> thank you. a man on trial for a double murder is his own attorney. but he is using his time before a judge to hurl insults at the victim's families. the man's outbursts have some questioning, where is the justice? cbs 5 reporter john ramos on his courtroom antics. >> reporter: in a martinez courtroom the justice system is playing itself out. but for those who have to endure it, it doesn't feel much

like justice. >> we know what happens basically. he has confessed to it several times in court. we just have to go through the process. that's the endurance part that's really heart. >> reporter: he is on trial for the 2009 murder of his ex- girlfriend, deborah ann ross, and her friend, ersie everette. burris allegedly shot them both in a jealous rage at the toll plaza of the richmond/san rafael bridge where ross worked as a tolltaker but because burris is acting as his own attorney at trial the families of the victims are having insult added to their injuries. >> he is allowed to say so many outrageous and really hurtful things to the family. >> the things that he said about [ bleep ] my family and he don't give a [ bleep ] you know -- >> reporter: he said that in open court? >> yeah, he said that on tuesday. >> he said he really didn't care, they were dead, he was glad he shot them, and that's it. he wanted to move on. he has other things to do.

we are wasting our time having him in court. >> reporter: in cross-examining witnesses burris asked questions that seems to acknowledge he was present at the crime of the he has a speech impediment so things are moving slowly. the family homes when it's over a guilty verdict will come quickly. >> they put him in prison for the rest of his life without a possibility of parole. because i feel the death penalty is too good for him. if they ever give it to him. they are not going to do anything but put him to sleep. i'd rather for god to take care of him. >> reporter: closing arguments begin monday and then the jury begins deliberating. and the families will be here through to all because that's part of the process too. in martinez, john ramos, cbs 5. the murder of a business owner in oakland is prompting tearful pleas for justice and promise from the police chief. the victim was killed on 92nd

avenue. cbs 5 reporter da lin on how neighbors are remembering a man regarded as a pillar of the community. >> reporter: look at this makeshift memorial. police say it was inside the store that someone robbed and killed the man known as marcus. a lot of folks are upset because they say he works very hard to help out the young people in this community. tears, anger and disbelief that someone killed a man who gave so much it a community that has so little. >> he was always giving the kids raider tickets. questioned every kid would come in. if they were hungry, he would give them money to feed them. >> it's such a sad, sad moment not because of just what's been taken from us but because of what's been taken from everyone else. my father was an amazing man. >> reporter: the police chief and the victim's family spoke

out this afternoon asking witnesses to speak up and help solve the killing. >> personally saddened by this senseless act of violence and i pledge to this family and community that we will forge as many resources as we can into finding the killer. >> reporter: police say someone robbed wilber bartley as he was closing his metro pcs cell phone store around 7:20 last night in east oakland. before that he was even passing out halloween candy between neighborhood kids. investigators say the gunman fired a number of shots during the robbery killing the well liked small business owner. >> he gave continuously without a second thought. >> reporter: neighbors and customers lit candles, dropped off flowers and wrote message for the man they knew as marcus inside of the store. >> we can't have pillars of our community murdered and just gone unjustly. >> a humble kindred spirit and once again i'm very hurt and appalled behind this.

>> reporter: before they can find out why someone killed him, the police say they first need to catch the gunman. police say someone robbed marcus back in 2007. they say the robber shot and killed his dog back then. this time, he is oakland's 107th homicide victim of the year. live in oakland, i'm da lin cbs 5. >> thank you. in other bay area headlines, nurses with sutter health hospitals are on a one- day strike their sixth in 18 months. angry because management hasn't come forward with a new bargaining date. they are being asked to pay more for their health benefits. sutter health says nurses are highly paid and it has offered contracts that would provide competitive wages and benefits. a chain reaction crash involving nine cars and big rig

tied up traffic on 101 this and in the northbound lanes south of the 280 merge. three lanes were closed for element two hours. chp reports immune for injuries. dozens of people in san lorenzo still don't have power tonight. a car knocked out electricity when it smashed into a power pole this morning by grant and washington avenues. the cause of the crash is unclear. pg&e hopes to finish repairs by midnight. an east bay city is fighting obesity by trying to tax soda. if it passes it would be the first of a kind in the nation. mike sugerman reports. >> reporter: allen, can i buy a coke? here at tobacco world, coke today costs 1.65? it would be a buck 85 starting i guess next wednesday if in fact

measure n passes. will it pass? we're not sure. >> reporter: a little red wagon carrying 40 pounds of sugar has captured national attention in richmond. >> 40 pounds is the amount of sugar that each of richmond's children take in just from sodas alone every year. >> reporter: richmond city council member jeff ritter man who is also a heart doctor is the heart and soul of measure n. it would tax businesses a penny an ounce of sugary drinks sold. it would be the first of its kind in the nation. >> a third of our latino and a third of our african-american students are obese and another 20% are overweight in each group. those young people are going to die younger than they should. >> reporter: the money raised he says would go towards more health programs in schools. businesses here are fighting it for cost reasons. so let's say i bought this 20- ounce coke at la bamba taqueria cost me a buck 85with the tax it was another 20 cents. a bottle of orange juice from concentrated that's sweetened now. this bottle will cost 15 cents

more from any convenience store. if i bought either in the neighboring city of el cerrito, it would be cheaper. cheaper, more expensive. cheaper, more expensive. >> did cigarette taxes hurt businesses? well, to some extent. you know, they made less money on cigarettes but we wanted that. >> reporter: at this hair salon, the buzz is about measure n and at least here among the ladies it's not popular. >> people are still going to buy soda regardless. >> reporter: rosalin butler understands we have an obesity crisis but says this is no way to fix it. >> i believe that starts in the home. >> reporter: big soda has poured five million dollars into defeating measure n. proponents have raised only $70,000. proponents say it would raise $3 million for the city but say it doesn't necessarily have to go to the schools.

they would hike you to drink more crystal guys -- they would like you to drink more, say, crystal geyser rather than coca- cola. when is the last time you used a pay phone? coming up in tonight's consumerwatch, the costly wake- up call for anyone who thinks a quarter is enough. >> we call it the least expensive most effective antitheft device ever created. >> a tiny dt that stops thieves in their tracks that would save millions. why isn't it being used ? >> what do wham, bon jovi and van halen have to do with our forecast? the live look outside as the sun about to set. your answer to that question coming up. struggling homeowners in th, ,,,,,,,,,,,,,,

on how to save their homes.

toda struggling homeowners in the south bay are getting some help on how to save their homes. today the neighborhood assistance corporation offered free advice on how to negotiate with banks. in many cases, the solution is a new loan with a lower rate and lower payments. >> lower the mortgage would help me a lot and i have to pay child support to my wife, my ex- wife, so that i can make ends meet. >> the american dream tour will be at the mcenery convention center's south hall until monday. doors are open from 8 a.m. to 8 p.m. >> call them the telephones of last resort but pay phones are suddenly in demand on the east coast in the wake of superstorm sandy. the cbs 5 consumerwatch reporter julie watts tells us people who use pay phones often get a wake-up call when they see the bill. julie. >> reporter: that is right. with 25% of the new york city cell towers wiped out new yorkers are now lining up to use pay phones. and here in earthquake country

we're just one tremor away from a similar situation but next time you're forced to use a pay phone you may be in for a surprise. [ beep ] >> reporter: it may have been a while since you've used one of these but the next time you make a pay phone call you'll need more than a quarter. try 20 bucks. >> that's pretty extreme. crazy. >> reporter: that's the holding fee that showed up on our bill weather we recently used a debit card to make a 20-second call at this pay phone from the airport to our station merely 13 miles away. the sign on the phone says a domestic call costs 8 contrary to the recording which quotes another pay phone rate. >> on the first minute charge will be $6.97. each additional minute will be 99 cents plusa.m. cal fees and taxes. >> reporter: it was adjusted to

6.97. but bill nussbaum of a watchdog group says pay phone companies can charge whatever they want because pay phone prices aren't regulated and what's more, sfo gets a big chunk of change. court this contract the airport gets 5 -- according to this contract the airport gets 55% of what they take in more than 332,000 in the past five years. >> it's not our system. it's a third party system. >> reporter: sfo spokesman mike mckarin says they are owned and operated out of danville and they set the rates and he points out there aren't many other options. >> ten years ago we had [ indiscernible ] put pay phones in. now we are lucky to get one bidder. >> reporter: consumers aren't so lucky. complaints and confusion about similar pay phone costs have prompted some airports to remove the phones and others like seattle and portland to put up signs outlining the cost of the card call something that probably won't happen here. >> we don't tell vendors just

like we don't tell the stores how it market their equipment. their wares or whatever. >> reporter: official at the little rock airport were so appalled by similar prices, they removed the third party phones and paid for new ones themselves. but the pricy pay phone problem extends beyond airports especially if you're making a long distance call. the cheapest way to pay is with coins. call us if you have a consumer complaint. 1-888-5-helps-u. always carry 10 bucks worth of coins. >> like the parking meter. >> true. weather time now. a couple of minutes ago i talked about wham, bon jovi and they had popular songs in the '80s. that's where we're heading weather-wise coming up this weekend. ding, ding, ding. if you guessed the 80s at home you are the winner. you win nothing but a beautiful forecast which we all win

anyway. outside from downtown san jose looking northeast towards the mount diablo range where it's beautiful outside a few showers along i-5 south of stockton. that's it. the bay area is drying out. we're going to stay dry for a while. we'll also be chilly at night. vallejo down to 52 tonight. oakland 53. redwood city 51. rain moves through this morning, rain pushing to the south. now it's all about high pressure. it's kind of off to our south and west overnight tonight so we are still getting the onshore flow many near the bay will wake up cloudy but over the weekend even beginning tomorrow afternoon, high pressure will expand and move a little to the north. it's that dry warm northwest flow of air that will be with us for four or five days and many of you inland will be in the 80s coming up on saturday, sunday, monday perhaps even election day. tomorrow we begin the warmup process. livermore 72. downtown san francisco chilly 64. mountain view 69. concord up to 70. also 70 for your friday for santa rosa and napa. make the plans to get outside this weekend. if you are a golfer please try

to play 18 holes. sunshine over the weekend approaching 80 inland on sunday mid-70s near the bay. monday election day sunny and warm just a little cooler on wednesday. and we'll begin a more significant cooldown thursday of next week. it's all about the sunshine for the next seven days. that's your cbs 5 forecast. >> thank you. dna technology that can catch metal thieves. how it works and why it's not being used in the bay area. >> the jersey shore in ruins from sandy. a look at the catastrophe, the clean-up and why storm victims are turning on each other. ,, ,, ,,,,,,,,

owner in san francisco. some und bronze thomas the hippopotamus is in pieces but finally back with its owner in san francisco. somebody stole the statue in sutro heights four years ago. today police returned it to the rightful owner. >> i knew he would come back. i just knew it. i just felt that, first of all, nobody would say that it's scrap metal. >> now, if the thief had sold the statue to metal recyclers, that person could probably get a few hundred dollars for it. police found the hippo during a drug bust friday, made an arrest. the owner plans to weld thomas back together. for years now we have told

you about the rash of metal thefts just like that one and how much it ends up costing bay area cities utilities people. but there is dna-like technology that can catch a metal thief redhanded. cbs 5 reporter elizabeth cook shows us how it works and asks, why isn't anyone using it here? >> reporter: thieves crashed a truck through a fence to get to copper wire in this pg&e yard. >> we have had almost $5.2 million in copper theft over the last six years. >> reporter: in vallejo, criminals strip wiring from the electrical grid. >> over the last 18 months, we have had over 97 different locations where thieves have taken the electrical cables that power our streetlights. >> reporter: that's on top of 300 places where they have stolen brass components from the water system. and across the bay area, they take metal from cemeteries.

storm drains and automobiles. [ non-english language ] >> reporter: it's a problem that's not foreign to europe, either, where thieves have hit heart at infrastructure like germany's rail s but the germans and others have found the answer to a huge problem may be a tiny dot. >> the at least effective antitheft device ever. >> reporter: an australian based company paints microdots on metal. you detect them with ultraviolet light then magnify them to reveal a code number unique to that piece of metal making it unmistakably traceable. >> utilities use this all the time. copper and wires and very, very valuable commodity and that commodity being resold is a highly stolen item. >> reporter: utilities, rail systems, car dealers, they are all using data dot or a similar technology. there have already been

convictions based on this synthetic dna, in europe, that is, and elsewhere in the world but not here. data dot says they can mark an intire utility substation for around $2,500 and copper is just the beginning. they mark cargo, cars, cash and antiques even oysters poached from farms in australia. >> we are looking into the details of that. >> reporter: we showed the technology to vallejo dpw chief david kleinschmidt. he is hopeful it could be a new weapon in his battle against criminals. >> we try to stay one step ahead of the thieves and look for alternative methods to protect our equipment. any sort of marking that we can put on our equipment is beneficial. >> it certainly sounds reasonable on its face. >> reporter: at pg&e, spokesman joe malika told us the security team looks into all new technology but sees a hurdle with this one. >> part of the trick with any new technology is getting the recyclers, who are actually the

criminals tend to go to, because that's the only way that they can get cash to buy into any new technologies. >> reporter: but he still says -- >> this is certainly something we're looking at. >> reporter: elizabeth cook, cbs 5. >> and manufacturers tell us insurance companies are starting to give price breaks to customers who mark their property with artificial dna. coming up in our next half hour, no water, no heat and the sewage system is broken. >> total devastation. total devastation. unbelievable. >> the clean-up in communities hardest hit by sandy and the frustrating shortages caused by that storm. >> sandy also brought campaign trails to a deadened with just days until the election. how the presidential candidates are now catching up on lost time. >> and at the world series parade how a shirt stole the spotlight. ,,,,,,,,,,,,,,

when i see that our schools are 47th in spending per student, i just can't accept that. our schools shouldn't be 47th in anything. ,,,,,,,,,,,,,, proposition 38 bypasses sacramento, and makes education a real priority-

with the funding, to our local schools and the accountability from our local schools... that we'll need to improve student learning in every classroom. so we can stay 47th... or we can choose proposition 38. i'm voting yes on 38... the full scope of the destruction from sandy, comg into greater focus by the h. when i left, everything was intact. i came back yesterday morning... [ crying ] >> it's all ruined down here. every ounce of it, ruined! nothing, nothing! [ crying ] >> nothing.

>> the full scope of the destruction from sandy coming into greater focus by the hour. hurricane sandy has moved on and now some of the people left in the superstorm sandy's wake are starting to do the same. so here's where things stand right now. 91 people are reported dead from the hurricane. the federal government has approved more than $3 million in housing aid for connecticut, new york and new jersey. the damage is estimated at $50 billion. in the meantime, thousands are still stranded by floodwaters and others are without electricity. and as the scale of sandy's destruction becomes clearer, people are starting to dig out and try to get their lives back together. alison harmelin is in long beach island, new jersey, with a look at how things are you there now since the hurricane. >> reporter: good evening, dana. i have been up and down the jersey coastline and this is one of the areas that was hardest hit.

the boat just behind me is a great example of what you see when you get over onto the island long beach island. every car, house and boat is somehow displaced, damaged or destroyed. the clean-up has begun on long beach island. these brothers decided to stay through the storm. now they are cleaning sand out of their first floor. >> we didn't think it was going to be this bad but honestly, i'm glad we're here so we can start cleaning it out. all the sand and water doesn't rot the foundation away. >> reporter: like other barrier islands along the jersey shore, homes here are wrecked. there's no water or heat and the sewage system doesn't work. >> total devastation. total devastation. unbelievable. >> reporter: the streets of long beach island are filled with sand, water and debris. a crumpled mess of boats and cars. now the bulldozing begins. for people who evacuated it could take days before they are allowed to check on their property. across the bridge from long beach island, homeowners are

getting their first look at the damage. >> we're getting ready for this week's football game and refrigerator is filled with beer, soda, all the meat for it. as you see, it's all gone. >> reporter: nearly 2 million people in new jersey still don't have power. in hoboken, thousands are stranded. the floodwaters have nowhere to go. [ yelling ] >> reporter: tempers are running high at the pump. drivers are waiting for hours to fill up, some stations are closed and the ones that are can't meet the demand. the national guard is here in force. they are over on long beach island. they do not allow us on to the island without an escort because there are downed wires and gas leaks and all sorts of other dangerous things going on on the island. of course, they are not allowing the people who live there back on to the island. they have been told it could be five or as many as 10 days before they are allowed to return home. one bright spot today, people

here have heard that there are utility trucks being flown in from california on military aircraft. and they are actually quite happy to hear that the cavalry is coming. live in stafford township, i'm alison harmelin, dana, back to you. >> thank you. as she just touched on in her story, we want to expand on. in new york, tempers are flaring as people try to get on with their lives because gasoline is hard to get. there's no power in many areas to keep the pumps working. and some lines are three hours long. buses resumed service today and were crammed tight. crews are work overtime to pump water out of the city and some subway tunnels flooded since sandy hit. >> think about it this way. water is water. we take pumps, we pump it out, and put it back where it came from and hopefully it's gone in a few days. >> new york's power company says it is on track to restore power to a quarter million homes in manhattan by saturday.

air force bases in california coordinating a massive airlift to help with hurricane relief efforts. today a c-17 cargo plane took off from travis air force base. part of a group of 17 other aircraft heading to new york. they are carrying more than a million pounds of equipment including utility trucks and relief supplies. >> the storm also stalled the presidential campaign. but now with less than a week until election day, both candidates are racing to the finish line. here's cbs reporter danielle nottingham. reporter: air force one dropped president obama at his first stop green bay. >> hello, wisconsin! >> reporter: after three days off the campaign trail, the president wasted no time confronting mitt romney's twist on bringing change to washington. >> he's saying he is the candidate of change! well, let me tell ya, wisconsin... we know what change looks like. [ applause and cheers ] >> and what the governor is offering sure ain't change. >> reporter: president obama

then jetted to las vegas to deliver his closing argument in another key battleground state. >> it's more than just a choice between two candidates. it's more than just a choice between two parties. you're going to be making a choice between two fundamentally different visions of america. >> reporter: the president will be in eight states before the weekend is over. for both it's a sprint to election day. mitt romney concentrated on virginia thursday. he toned down his speeches after sandy hit but was on the attack again at a rally in the richmond suburbs. >> this is an election where i think we're not going to just shape the country for four years but for a generation. >> reporter: romney returned to another criticism of the president at a window and door factory in roanoke. >> they are making products for america and they and their family add n all the people who work at marvin, they did build this. >> reporter: polls have the president up by just 2 points in virginia. nationally the race is a tie.

danielle nottingham, cbs 2 news, the white house. a promenade, a playground, and that's not all. the bay area transit hub unlike any other. >> how sergio romo's world sears parade attire won him a whole new set of admirers. >> today is the first day of the winter "spare the air" day. what you need to know about or you will end up at smoke school. as eyewitness news continues right here on cbs 5. ,, ,,,,,,,,,,,,,,

the increase er consumer confidence is the highest in five years thanks to better job growth. the increase in the consumer confidence index boosted wall street today. the dow surged 136 points. nasdaq and s&p also rose by double digits. and tomorrow, we will get the last jobs report before the presidential election. building housing next to a bart station sounds like a good

idea but cbs 5 reporter don ford says a new development near the union city bart station falls short of being a transit village. >> there you go. >> yeah! [ applause ] >> reporter: union city mayor mark green cuts the ribbon celebrating the latest low- income housing development. he says being next to the bart station is key but there's an issue. >> right now, you walk up 11th street, down dakota road and then back into the bart station connecting road to get to the station. >> reporter: the new project called station center is only yards from the bart platform. but you have to walk over half a mile to get there. the mayor is confident that the funding for a pedestrian bridge is coming. >> alameda county measure b-1, and it would raise our sales tax another half cent [ non- english language ] is tenant number one the first person to move in. that didn't last long. >> started to people moving in like all kind of cultures, you

know, mexicans, black, white, latino, whatever, started moving here and then it build up like a little community. >> reporter: everyone was sleeping in the same room in the old party. >> this is the best place i have ever lived in my life. >> reporter: there is a 30-foot climbing pyramid only one of two like it in the world. the park has sculptures from a french artist and there's a free computer room for students all meant to be family friendly says matt franklin. >> the vast majority of families here the head of household is in the active workforce low wage but hard working. >> reporter: next this area will be developed next for market rate housing which they say will be completed by 2015. in union city, don ford cbs 5. >> the real show-stopper at the world series celebration, sergio's shirt. how an immigration joke became

the parade's biggest talker. >> all right. paul deanno here. the world series is finished. we are falling back this weekend. but find out why as we look live outside right now. this weekend temperatures are going to spring ahead. your forecast coming up. >> paul, we can tell you why the warriors coach and star player don't quite see eye to eye. i'm dennis o'donnell. and how a racehorse saved his owner coming up. ,,,,,,,,,,,,

this is hayden. ,,,,,,,,,,,, that's elizabeth. and that's skyler... and his mom, nancy. they're just a few of the californians who took it on themselves to send you a message about what they need to restore years of cuts to their schools. prop thirty-eight. thirty-eight raises billions in new revenue - bypasses sacramento and sends every k through 12 dollar straight to our local schools... every school. for them. for all of us.

bart set a new ridership red yesterday wi nd riders. that brok revelers packed bay area transit to head to the giants victory parade. bart set a new ridership record yesterday with more than 568,000 riders. and that broke the previous record by more than 20,000 for the giants parade in 2010. caltrain was also packed. more than doubling a normal weekday and golden gate ferry says it carried 6,000 passengers between 6 and 11 a.m. compared to 5,000 riders in an entire day. san francisco muni experienced more than double normal ridership. so we can do this. well, he helped the giants sweep the detroit tigers in four games to win the world

series. but it's the four words on sergio romo's victory parade shirt that has people talking. len ramirez shows how romo made more than just a fashion statement. reporter: by striking out the final batter to win the world series pitcher sergio romo became a hero to giants fans by wearing a t-shirt at the parade with the message i just look illegal a became a folk hero to many mexican- americans. >> nowadays where everything is censored that he could step out of that circle and speak his mind. >> he is an american and that's probably why he wears that shirt. >> reporter: this advertising executive says if romo was trying to make a statement about racial profiling it was a stroke of genius. >> the message is really simple. you can't make judgments calls on the way people look. it's a simple message. i think it's gotten so much play because many of us feel that way. >> reporter: romo is a u.s.- born mexican-american with farm worker parents raised in brawley california near the mexican border one of the smallest

players with one of the biggest arms also known as a prankster. in 2010, he wore what looked like an iconic beatles t-shirt with the words, the beaners instead. his message to tens of thousands of fans yesterday, echoed his t-shirt message. >> there's one thing that i have noticed about my team is we are a great example of this city. look at the diversity of personalities where we're all coming from the different faces from different places, the different folks and different strokes. >> reporter: although not everyone agrees with him. do you think he should have made that statement at that time in that place? >> probably not. definitely --he wanted attention. obviously he definitely got it. >> reporter: that's for sure. the southern california company which made the t-shirts is being asked to print more. and it's exploding on social media. >> i heard it on twitter. i follow him on twitter and i thought it was pretty funny and to me, instantly it didn't really click as something that was bad, just funny going along

with how he is normally. >> reporter: for someone throwing pitches it's a fastball down the middle of a hot button issue. len ramirez, cbs 5. we posted video of the parade, the crowd and all things giants memorabilia at cbssf.com. >> wouldn't it be nice if we had sunshine for 7 days to follow the parade is this that's exactly what we are going to have. high pressure building in warmer weather moving in. we are going to "fall back" this weekend. saturday night we'll gain an hour of sleep. it will feel more like spring than fall. bay bridge gorgeous, mainly clear skies behind it. a different perspective toward berkeley and richmond and the oakland hills. you see that marine layer moving through the golden gate and there are some clouds in the east bay rate now and clouds will expand to envelope much of the bay overnight. no rain though. hi-def doppler strongest radar in town showing you rain

yesterday evening. tonight clear but now is the time of year that we get wetter. in october we average a little less than an inch of rain. november which we started today almost 2.5" of rain and by december we average 4" of rain. so we're inching toward our rainy season. but the next week is not going to be rainy. nights will be chilly though, 40s in napa and fairfield. 50s san jose. pacifica 51. there's all the rain racing out of here. high pressure is literally higher pressure sinking air, and this promotes sunshine. when it gets closer to us, we get even more sunshine. tomorrow it's off to our west. we'll start off cloudy finish the day sunny. over the weekend high pressure gets closer and stronger and centered just to our north. is that will give us a drier warmer northwest flow of air giving you great weather to get outside. saturday and sunday will be great. good weather to get outside for the top of next week as well and no reason not to vote

because tuesday election day may be the warmest day of the whole deal. mainly sunny skies each afternoon for the next week. mornings will be chilly for the next week. but afternoons will be mild to warm for the next five to seven days. high temperatures tomorrow, it's a slow process warming up but we are beginning it tomorrow. concord 70. oakland 78. close it average. san jose 69. a beautiful day in cupertino, afternoon sunshine, 70 for you. redwood city 69. low 70s for pleasanton, north of san ramon. benicia 71. and napa sunshine 70 degrees. santa rosa 70. stinson beach 61. downtown san francisco 64. and oakland in the oakland hills 68 degrees tomorrow. much milder on saturday. even warmer on sunday, monday. we're talking low 80s inland. mid- to upper 70s near the bay. even 70 at the coast next tuesday and we'll cool off a bit but stay dry next wednesday and thursday. it's a new month so rent is due. but we also have another change. "spare the air" days are going to become more common. it's wintertime now for "spare the air" and roberta gonzales has more on that.

good evening. >> reporter: good evening, paul. it is a very first day of the winter "spare the air" day and in fact it runs all the way through february 28th. and this is my own fireplace here that 15 years ago i converted on over to gas because my son suffers from terrible asthma so i was trying to clean up the air. this fireplace here, take a look. i converted this wood-burning fireplace into candles. and again, i'm just trying do my part to make it a healthier environment for my son but if you have wood-burning fireplaces, there's a new law you need to know about or you can end up in smoke school. in 2008, the bay area air quality district launched its first winter "spare the air" program. staff meteorologists were diligently compiling information to determine if an alert should be issued. today is not a winter "spare the air" day here throughout the tri-valley and it's pretty obvious. the sky is blue and the clouds are big and puffy. but if it was a winter "spare

the air" day, this view would be compromised due to one major culprit. >> serious air pollution problem of the because of the health impact it's now illegal in the bay area to burn wood or fire logs on days when there's a winter "spare the air" alert. >> reporter: but this year, new laws are in place for violators lighting manufactured logs or wood in an indoor or outdoor fireplace during alert days. christine rosales explains. >> first time violators will have the option to take a wood smoke awareness course and that gives them information about the weather conditions that lead up to unhealthy air quality in the winter and also it tells them a little bit about how to comply with the rule and the health impacts of it, as well. >> reporter: winter "spare the air" season now through february 28th. eyewitness news continues. stay with us. we'll be right back.

warriors best two players sa combined 4 for 30.. stephen curry missed both fe throws at the end of the gae wh in passengers to the warriors best two players shot a combined 4 for 30. figure the lost. they could have iced the game. the suns with the chance to win it but they didn't get the shot off in time of. the warriors escaped with a win. bogut made his warrior debut 8 points in 18 minutes but check

out how both he and the coach marc jackson assessed their win. >> it was a quality win for us against a young team and talented in their home opener. >> no offense to phoenix we don't see them as a play-off team. even if they are we see them as a 7, 8, 9. >> okay. i'm going to side with bogut on this one. it was an ugly win against a lousy team but hey a win's a win and we're already printing play-off tickets. anytime the warriors top the division you go with it. gun control in philadelphia? no. the 76ers are calling it the big bella bringing a t-shirt giveaway to a whole new level. it prints out 100 t-shirts a minute officially the largest t-

shirt cannon. that story collusive to cbs 5. sebastian janikowski won the player of the month. he nailed 10 of 11 field goal attempts in the month the only miss from 64 yards out. the raiders host the buccaneers this sunday. michael huff has gone from safety to cornerback in the middle of the season because of injuries. now, after a rough first few weeks in the new position, huff has been lights out the last couple games allowing only one catch to opposing receivers. >> i kid them all the time of the i think he is a hell of a lot better corner than safety. [ laughter ] >> usually the cor the safety get you out of the league but -- [ laughter ] >> his back was to him. he has been serious about it. >> i'm not ready to go into the hall of fame yet. i don't think willy brown has anything to worry about yet but he has improved. >> only been one catch two weeks -- >> one too many. >> now you likely have heard stories of a man curing a sick

horse but i'd wager you have never heard of a horse curing a man until now. pleasanton native sam has been around horseracing all his life. it's only been a hobby until recently. since 2007, he has had a stable full of racehorses here at barn 16 at the alameda county fairgrounds. and it all started when he claimed his first horse, sophisticated wager in 2005, five months after being diagnosed with throat cancer. >> finally we claimed him and brought him back over here and discovered that he had a breathing problem. he was a rough little task for both of us to get over this. and it kept my mind busy. there was no guarantee that he could breathe again and there was no guarantee that i was going to live for another 50 years. so i mean, it was good for both of us. >> reporter: sam and sophisticated wager were both

battling life-threatening throat conditions and both endured major throat surgeries during the same time. as both man and horse recovered, it was clear that they helped one another get through the toughest times of their lives. >> i didn't have to walk him no more because he could go on the hot walker and i started eating food again and my throat was -- the rawness from my throat was going away from the radiation. and you know, it was pretty much the same. >> sam rode to recovery. it was definitely accelerated by wager. >> reporter: six months later, sophisticated wager was healed thanks to the dedication that sam showed him. and in his fifth race back at golden gate fields, wager won that race. and seven years after being diagnosed with throat cancer, sam is cancer-free thanks to his best friend, sophisticated wager. >> i learned a lot from sophisticated wager.

and i think if i hadn't have gone through that, i wouldn't be here today for sure. >> great story. saddening is that sophisticated wager passed away. sam still keeps his picture in his living room in tribute to the horse. >> no doubt. >> it provided each other with an awful lot. >> incredible. >> great story. came back, race and won. >> and won a race. good stuff. >> just never know, do you? >> you don't. the relationship between an animal and a person is incredible stuff. >> it's a great story. thank you. >> thanks for sharing that. all right. well, we are come back at 10:00 and 11:00. >> hope to see you then. good night. captions by: caption colorado comments@captioncolorado.com [monotone] she says, "switch to progressive and you could save hundreds."

joey fatone: this is joey